1951, April 9. The Judgment of the Court was delivered
by
DAS J. --This judgment covers both Case No. 9.70 of 1951
(State of Madras v. Srimathi ChampakamDorairajan) and Case
No. 271 of 1951 (State of Madras v. C.R. Srinivasan) which
are appeals from the judgment passed by the High Court of
Judicature at Madras on July 27, 1950, on two separate
applications under article 226 of the Constitution complain-
ing of breach of the petitioners' fundamental right to get
admission into educational institutions maintained by the
State.

Subject to the aforesaid regional and what have been
claimed to be protective provisions selection from among
the applicants from a particular community from one of the
groups of districts used to be made on certain principles
based on academic qualifications and marks obtained by the
candidates. In the case of the Medical Colleges, not less
than 20 per cent. of the total number of seats available
for students of the State were filled by women candidates
separately for each region, it being open to the selection
committee to admit a larger number of woman candidates in
any region if qualified candidates were available in that
region and if they were eligible for selection on merits
visa vis the men candidates in accordance with the general
principles governing such
528
admissions as laid down in those rules. It appears that the
proportion fixed in the old Communal G.O. has been adhered
to even after the commencement of the Constitution on Janu-
ary 26, 1950. Indeed, G.O. No. 2208, dated June 16, 1950,
laying down rules for the selection of candidates for admis-
sion into the Medical Colleges substantially reproduces the
communal proportion fixed in the old Communal G.O.
On June 7, 1950, Srimathi Champakam Doratrajan made an
application to the High Court of Judicature at Madras under
article 226 of the Constitution for protection of her funda-
mental rights under article 15 (1) and article 29 (2) of the
Constitution and prayed for the issue of a writ of mandamus
or other suitable prerogative writ restraining the State of
Madras and all officers and subordinates thereof from en-
forcing, observing, maintaining or following or requiring
the enforcement, observance, maintenance or following by the
authorities concerned of the notification or order generally
referred to as the Communal G.O. in and by which admissions
into the Madras Medical Colleges were sought or purported to
be regulated in such manner as to infringe and involve the
violation of her fundamental rights. From the affidavit
filed in support of her petition, it does not appear that
the petitioner had actually applied for admission in the
Medical College. She states that on inquiry she came to
know that she would not be admitted to the College as she
belonged to the Brahmin community. No objection, however,
was taken to the maintainability of her petition on the
ground of absence of any actual application for admission
made by her. On the contrary, we have been told that the
State had agreed to reserve a seat for her, should her
application before the High Court succeed. In the peculiar
circumstances, we do not consider it necessary to pursue
this matter any further. But we desire to guard ourselves
against being understood as holding that we approve of a
person who has not actually applied for admission into an
educational institution coming to Court complaining of
infringement of any fundamental right
529
under article 29 (2). The High Court by its judgment deliv-
ered on July 27, 1950, allowed this application of Srimathi
ChampakamDorairajan. The State of Madras has now come up
before us on appeal which has been numbered Case No. 270 of
1951.